Can I get my ex-domestic partner off the deed?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I get my ex-domestic partner off the deed?

My ex-domestic partner and I purchased a vacation home 8 years ago. We were together for 9 years but were not legally connected. We separated a year ago. I put down the down payment on the vacation home, and have made every single mortgage payment, because she was unemployed. She won’t help with the mortgage, and won’t sign a quit claim deed. If we sell the property, she wants 50% of the proceeds, which could be substantial since I have made a lot of extra payments to principal. The mortgage is down to $48,000 and the house was recently appraised at $240,000. Is there anything I can do?

Asked on April 15, 2012 under Real Estate Law, Maine

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unfortunately for you to have placed your former domestic partner on the deed to the property that you have written about you essentially gave a gift to her of a certain amount. Since she has not made any payments on the property, you could argue that the gift that you made was for the amount of equity at the time the gift was made in the property and that since you have made all payments since, you get the bulk of appreciation in the parcel.

I suggest that you consult with a real estate attorney about a possible buy out of the interests of the former domestic partner in exchange for a grant deed to you and if not able to do so, a lawsuit for a partition and declaratory relief might be in order where you could claim there was an implied agreement that she was to pay equally with the debt load of the property that you have written about.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption